Being charged with a major indictable offence can be a daunting and scary time. 

‘Major indictable’ is the most serious category of offence in South Australia. This category includes offences such as: commercial and large commercial drug trafficking; serious assaults like those that cause serious harm; sexual offences like rape and  dissemination of child pornography; and firearms offences like manufacturing firearms  and possessing a prescribed firearm without a licence, (among many others). 

The process of a major indictable matter is different to other categories of charges  (being minor indictable and summary offences). Major indictable matters end up in the District Court or Supreme Court for trial or sentencing.  

The major indictable Court process generally happens in the following way: 

1. Arrested for major indictable offences. Sometimes police grant bail for these types of offences, and other times they do not. If police do not grant bail, the matter then appears before the Magistrates Court before 4pm the next business  day.  
2. This means that if you are arrested and not granted police bail, you may be waiting some time to get before a Magistrate (longer if you are arrested before a weekend or public holiday).  
3. The matter is adjourned to a charge determination. This is where the Director of  Public Prosecutions determines what (if any) charges are to proceed. This Court date is often a long time after the first court date (think months and months). About 4 weeks prior to this court date, the prosecution must provide defence  with the ‘preliminary brief’.  
4. The matter is then adjourned to answer the charge(s). This is where the  defendant pleads guilty or not guilty to the charges. At this court hearing, the matter is committed to the District Court or Supreme Court for trial or sentence. It is committed for trial if the plea is not guilty, or sentence if the plea is guilty.  
5. The matter is then heard in the District Court or Supreme Court for Arraignment. This is where the formality of the higher courts is on full display. The lawyers and Judge or Justice are robed at this hearing. For a not guilty matter, this hearing is to enter the not guilty plea(s) and set the matter for a trial. For a guilty matter, this  hearing is to set a time for sentencing submissions.  
6. Directions Hearing(s) can often be heard along the way in the District Court and Supreme Court. These are less formal hearings where the lawyers and Judge or Justice do not usually wear robes and can address things like disclosure, the issue of subpoena, timetabling and other case management-type requests. These types of hearings are in part to continually assess whether the matter is  likely to be ready for the next stage, whether trial or sentencing submissions.  
7. Trial is the contested hearing in the matter. In the District Court and Supreme Court, trials can last for weeks at a time, and can either be before a jury or a Judge sitting alone (depending on the Defendant’s election). Trial is the process  whereby the witnesses give evidence in the Court – this can include eye witnesses, expert witnesses, and SAPOL witnesses. A trial also includes addresses of counsel, and deliberation by the trier of fact (jury or Judge). If the trial is before a jury, the jury deliberate following hearing the evidence and deliver their verdict shortly after (usually within a few days). If the trial is before a jury, they do not have to provide reasons for their verdict. If the trial is before a Judge, the Judge tends to take some time to consider their verdict and write their reasons (usually a few months). 
8.  Sentencing submissions is the opportunity for the parties (prosecution and  defence) to make submissions to the Judge or Justice about the appropriate penalty in the case. This can often include the provision of character references,  medical reports, results of drug testing and other relevant material. Sentencing submissions occur in cases where the Defendant has pleaded guilty or has been found guilty.
9. Sentence is the hearing where the Judge or Justice delivers their sentence. This is the penalty that the Judge or Justice has arrived at following hearing submissions from prosecution and defence.  

The above is just a quick guide to the common hearings in major indictable matters. There can be additional hearings, and adjournments of parts of the process at all stages.  

The major indictable court process can be long and frustrating. At Craig Caldicott  Lawyers, we’re here to walk you through it with transparency to help you navigate a difficult situation.  

If you have been charged with a major indictable offence, get legal advice as soon as you can. We’re here to answer your call: (08) 7095 3440. 

Written by Solicitor Taylor Falting